JUDGMENT :

K.R. Mohapatra, J.

The petitioner, namely, Jagruti Welfare Organization, Bhubaneswar has filed this writ petition assailing the Tender Call Notice No. 9761 dated 27.8.2016 (Annexure-1) floated by Cuttack Municipal Corporation-opposite party no. 2 (for short ‘CMC’) inviting bids from eligible bidders for “Integrated Municipal Solid Waste Management Project of Cuttack Municipal Corporation-2016” (for short ‘the Tender’) and has prayed for setting aside the same.

2. The petitioner essentially assails the Clause 4.2(a) i.e. Financial Eligibility Criteria of the tender condition, which reads as follows:

“4.2 Financial Eligibility Criteria:

(a) The average Annual turnover should be more than 30 Crores for last 3 years and net worth should be positive. The turnover and the net worth should be supported by documents from competent authority. The Bidders should provide audited annual account statement in support of the claim. In case the bidders fail to provide such audited financial statements, the bid will be rejected. The Bid document must be accompanied by the Audited Balanc